Vehicle Search Consent: Why is It Important to Know Your Rights?

Did you know that in Pennsylvania, the police are not legally allowed to search your vehicle unless they have a search warrant or your consent?

The Fourth Amendment of the United States Constitution serves as protection against illegal search and seizure. However, many people are not aware of their rights, for which they sometimes fall victim to the abuses inflicted by law enforcement.

At the Logue Law Group, we are very much aware of this unfortunate but true scenario. That’s exactly why our expert team of Pittsburgh criminal lawyers always advises every citizen to stay aware of their rights and refrain from giving consent if asked by a cop randomly.

Let’s explore to know more!

What Grounds Give Cops the Right to Search Your Vehicle?

Always remember this golden rule- the police need a proper search warrant to search your property or vehicle. And if they don’t have a warrant, what they need is probable cause of your involvement with some illegal activity.

Now this ‘probable cause’ is not some kind of hunch. It refers to concrete evidence based on which a cop may have the right to search. For instance, if a cop clearly notices or smells the presence of drugs in your vehicle, or perhaps notices a firearm lying on the passenger seat, that is some robust probable cause for them to go for a search and seizure.

Here are some other situations that automatically permit a cop to search your vehicle, without a search warrant –

• You might have agreed when the cop demanded a search.
• Your car has been impounded.
• The officer strongly believes that searching your vehicle is critical for their safety.
• You have been arrested, and the cops are looking for any illegal materials or substances.

Now, here’s a fun fact. Some cops would try almost any and everything to find an opportunity to search your car. For instance, if they pull you over, they might try to get on your nerves, hoping that you make a wrong move. This way, they can arrest you for disorderly conduct, which gives them a legal ground for a search!

Not just that, but some cops might also try to convince you to give consent for a search without probable cause. If such a situation arises, remember what the best Pittsburgh criminal lawyers have advised- politely, but firmly deny their requests!

Also, remember that if you get pulled over for minor violations, like speeding or a damaged taillight, you may refuse to grant consent for a search, as these aren’t listed as ‘probable cause’ by the law.

Why Shouldn’t You Grant a Search Consent, and What Should You Do if Asked?

Now, let’s take a look at why expert Pittsburgh criminal lawyers advise you not to grant a search consent to cops.

Well, if you think it through, you’ll realize that the moment you give consent is the moment you give the cop permission to find evidence that they can use against you! Remember that anything that the cop finds during a search can be held against you in court.

Besides that, the police might also confiscate any cash or valuable possessions, which might put you at a disadvantage.

So, what should you do if a cop insists on searching your vehicle? Here are some best practices advised by experienced Pittsburgh criminal lawyers-

• Don’t pressure yourself with the cops’ suggestions. Instead, stay polite and firmly decline the search.
• Keep in mind that staying silent is a boon! That way, you cannot be held in court! So, refuse to answer any questions about what you are carrying in your vehicle.
• Exercise your right to call a lawyer. You have every right to seek the assistance of a Pittsburgh criminal lawyer in such scenarios. Because they know exactly how to alleviate such situations.

Illegal searches can bring about severe consequences and leave you with unnecessary hassles. So, always stay aware of your rights, and make sure to call us at 844.PITT.DUI ASAP if you feel you’re stuck in a similar situation and cannot handle it alone.